The Administrative Hearing Commission issued a decision on Jan. 23, dismissing an appeal filed by the Missouri Parks Association. The Association filed a complaint, attempting to revoke a construction permit issued to Cin-Way, LLC., an Audrain County hog farming operation.

That permit, issued in September 2008 by the Department of Natural Resources, allowed for the construction of a 4,880-head swine finishing building. The Missouri Parks Association claimed that the judgment in the Friends of Arrow Rock v. DNR case precluded DNR from issuing Cin-Way’s permit.

The Missouri Parks Association claimed that the Arrow Rock case prohibited the construction of concentrated animal feeding operations within 15 miles of state parks. A recent amendment to the judgment narrowed the scope to within 2 miles of Arrow Rock only. The AHC rejected the Missouri Parks Association’s argument that the Arrow Rock case applied to Cin-Way, stating that the claim “is without substance.”

The decision comes as a big relief to the Windmann family, owners of Cin-Way LLC. “The Windmanns are pleased to have this controversy behind them, so they can get on with their lives,” stated Julie Baker, legal counsel for Cin-Way. The family farming operation is owned by Wayne and Cindy Windmann, along with their son, Jared Windmann, and his wife, Leslie.

“We are extremely pleased with the Administrative Hearing Commission’s decision,” says Don Nikodim, executive director of the Missouri Pork Association. “This decision demonstrates that the Missouri Parks Association has no legal basis to challenge permits issued to family farmers who are attempting to establish new swine operations. The Department of Natural Resources should feel vindicated and hopefully the Missouri Parks Association will not file any more baseless appeals.”

Source: Missouri Pork Association, www.mopork.com